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the Site which was not shown or indicated in Drawings or
<br />Specifications or identified in the Contract Documents to be
<br />within the scope of the Work. CONTRACTOR shall be
<br />responsible for a Hazardous Environmental Condition created
<br />with any materials brought to the Site by CONTRACTOR,
<br />Subcontractors, Suppliers, or anyone else for whom CON-
<br />TRACTOR is responsible.
<br />D. If CONTRACTOR encounters a Hazardous
<br />Environmental Condition or if CONTRACTOR or anyone for
<br />whom CONTRACTOR is responsible creates a Hazardous
<br />Environmental Condition, CONTRACTOR shall immediately: (i)
<br />secure or otherwise isolate such condition; (ii) stop all Work in
<br />connection with such condition and in any area affected
<br />thereby (except in an emergency as required by paragraph
<br />6.16); and (iii) notify OWNER and ENGINEER (and promptly
<br />thereafter confirm such notice in writing). OWNER shall
<br />promptly consult with ENGINEER concerning the necessity for
<br />OWNER to retain a qualified expert to evaluate such condition
<br />or take corrective action, if any.
<br />E. CONTRACTOR shall not be required to resume Work
<br />in connection with such condition or in any affected area until
<br />after OWNER has obtained any required permits related thereto
<br />and delivered to CONTRACTOR written notice: (i) specifying
<br />that such condition and any affected area is or has been
<br />rendered safe for the resumption of Work; or (ii) specifying any
<br />special conditions under which such Work may be resumed
<br />safely. If OWNER and CONTRACTOR cannot agree as to
<br />entitlement to or on the amount or extent, if any, of any
<br />adjustment in Contract Price or Contract Times, or both, as a
<br />result of such Work stoppage or such special conditions under
<br />which Work is agreed to be resumed by CONTRACTOR, either
<br />parry may make a Claim therefore as provided in paragraph
<br />10.05.
<br />F. If after receipt of such written notice CONTRACTOR
<br />does not agree to resume such Work based on a reasonable
<br />belief it is unsafe, or does not agree to resume such Work under
<br />such special conditions, then OWNER may order the portion of
<br />the Work that is in the area affected by such condition to be
<br />deleted from the Work. If OWNER and CONTRACTOR cannot
<br />agree as to entitlement to or on the amount or extent, if any, of
<br />an adjustment in Contract Price or Contract Times as a result of
<br />deleting such portion of the Work, then either party may make a
<br />Claim therefore as provided in paragraph 10.05. OWNER may
<br />have such deleted portion of the Work performed by OWNER's
<br />own forces or others in accordance with Article 7.
<br />G. To the fullest extent permitted by Laws and
<br />Regulations, OWNER shall indemnify and hold harmless
<br />CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
<br />Consultants and the officers, directors, partners, employees,
<br />agents, other consultants, and subcontractors of each and any
<br />of them from and against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of or
<br />relating to a Hazardous Environmental Condition, provided that
<br />such Hazardous Environmental Condition: (i) was not shown or
<br />indicated in the Drawings or Specifications or identified in the
<br />Contract Documents to be included within the scope of the
<br />Work, and (ii) was not created by CONTRACTOR or by anyone
<br />for whom CONTRACTOR is responsible. Nothing in this para-
<br />graph 4.06.E shall obligate OWNER to indemnify any individual
<br />or entity from and against the consequences of that individual's
<br />or entity's own negligence.
<br />H. To the fullest extent permitted by Laws and
<br />Regulations, CONTRACTOR shall indemnify and hold harmless
<br />OWNER, ENGINEER, ENGINEER's Consultants, and the
<br />officers, directors, partners, employees, agents, other
<br />consultants, and subcontractors of each and any of them from
<br />and against all claims, costs, losses, and damages (including
<br />but not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or relating to a
<br />Hazardous Environmental Condition created by
<br />CONTRACTOR or by anyone for whom CONTRACTOR is
<br />responsible. Nothing in this paragraph 4.06.F shall obligate
<br />CONTRACTOR to indemnify any individual or entity from and
<br />against the consequences of that individual's or entity's own
<br />negligence.
<br />I. The provisions of paragraphs 4.02, 4.03, and 4.04 are
<br />not intended to apply to a Hazardous Environmental Condition
<br />uncovered or revealed at the Site.
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />5.01 Performance, Payment, and Other Bonds
<br />A. CONTRACTOR shall fumish performance and
<br />payment Bonds, each in an amount at least equal to the
<br />Contract Price as security for the faithful performance and
<br />payment of all CONTRACTOR's obligations under the Contract
<br />Documents. These Bonds shall remain in effect at least until
<br />one year after the date when final payment becomes due,
<br />except as provided otherwise by Laws or Regulations or by the
<br />Contract Documents. CONTRACTOR shall also furnish such
<br />other Bonds as are required by the Contract Documents.
<br />B. All Bonds shall be in the form prescribed by the
<br />Contract Documents except as provided otherwise by Laws or
<br />Regulations, and shall be executed by such sureties as are
<br />named in the current list of "Companies Holding Certificates of
<br />Authority as Acceptable Sureties on Federal Bonds and as
<br />Acceptable Reinsuring Companies" as published in Circular 570
<br />(amended) by the Financial Management Service, Surety Bond
<br />Branch, U.S. Department of the Treasury. All Bonds signed by
<br />an agent must be accompanied by a certified copy of such
<br />agent's authority to act.
<br />C. If the surety on any Bond furnished by CON-
<br />TRACTOR is declared bankrupt or becomes insolvent or its
<br />right to do business is terminated in any state where any part of
<br />the Project is located or it ceases to meet the requirements of
<br />paragraph 5.01.6, CONTRACTOR shall within 20 days
<br />thereafter substitute another Bond and surety, both of which
<br />shall comply with the requirements of paragraphs 5.01.8 and
<br />5.02.
<br />5.02 Licensed Sureties and Insurers
<br />A. All Bonds and insurance required by the Contract
<br />Documents to be purchased and maintained by OWNER or
<br />CONTRACTOR shall be obtained from surety or insurance
<br />companies that are duly licensed or authorized in the jurisdiction
<br />in which the Project is located to issue Bonds or insurance
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